February 26, 2007

This One Stays at 11

The dismissal of the art historian
leaves eleven jurors to decide Scooter Libby’s fate. But it’s worth noting that the decision not to add an alternate juror came against the request of Special Prosecutor Pat Fitzgerald, who asked Judge Reggie Walton to keep the jury at 12 men and women. Adding an alternate juror would mean starting deliberations over again
and Walton didn’t want to throw out two and a half days of discussions. Federal
rules allow a jury of 11 in criminal cases if one juror is dismissed. But trial lawyers say it’s more common to find defense attorneys objecting to a smaller jury. After all, that’s one less person to create a hung jury. So, the question remains: is the even-keeled Fitzgerald feeling uncomfortable with this jury of 11?